Special Land Acquisition Officer vs Bhavabhai Limbabhai (Since ...
2023 Latest Caselaw 2909 Guj

Citation : 2023 Latest Caselaw 2909 Guj
Judgement Date : 12 April, 2023

Gujarat High Court

Special Land Acquisition Officer vs Bhavabhai Limbabhai (Since ... on 12 April, 2023

Bench: A.S. Supehia

     C/FA/3904/2021                             ORDER DATED: 12/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/FIRST APPEAL NO. 3904 of 2021
                               With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                                In
                  R/FIRST APPEAL NO. 3904 of 2021
                               With
      CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2022
                                In
                  R/FIRST APPEAL NO. 3904 of 2021
                               With
 CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2022
                                In
                  R/FIRST APPEAL NO. 3904 of 2021
                               With
  CIVIL APPLICATION (FOR SET ASIDE ABATEMENT) NO. 3 of 2022
                                In
                  R/FIRST APPEAL NO. 3904 of 2021

==========================================================
              SPECIAL LAND ACQUISITION OFFICER
                           Versus
 BHAVABHAI LIMBABHAI (SINCE DECEASED ON 30.07.2007)THROUGH
           HIS LEGAL HEIRS AND REPRESENTATIVES
==========================================================
Appearance:
MR ADITYA JADEJA, AGP for the Appellant(s) No. 1,2
UNSERVED EXPIRED (R) for the Defendant(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                          Date : 12/04/2023
                           ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA) Learned AGP has candidly stated that the respondent claimant has already expired during the pendency of the reference proceedings and the State authorities would be filing appropriate proceedings before the concerned authorities in order to bring the legal heirs of the deceased claimant on record.

C/FA/3904/2021 ORDER DATED: 12/04/2023

Under the circumstances, present First Appeal along with all Civil Applications is disposed of with a liberty to the appellant that in case legal heirs of the claimant are brought on record before the Reference Court, it will be open for the State authorities to file fresh First Appeal challenging the impugned judgment and award.

(A. S. SUPEHIA, J)

(DIVYESH A. JOSHI,J) R.S. MALEK / 44-46